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Pay Attention! You Are Being Sued.

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In the case of Chapman v. Burton, et al., the Minnesota Court of Appeals provided yet another harsh example of what can happen when you ignore a Complaint, and believe that someone else is “taking care of ...

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Plead It With Particularity

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In a recent post, I summarized the Eighth Circuit case, Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., et al., in which two words in a contract were found to be “ambiguous,” compelling the court to remand ...

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Words Matter, Choose Them Wisely

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In the recently decided case of Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., et al., the United States Court of Appeals for the Eighth Circuit reminded us that the words businesses choose when entering into a ...

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Didn’t I Say to Get it in Writing?!

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In my April 19, 2011, blog post, I talked about the importance of putting agreements in writing.  This was so the terms of the agreement would be clear to both parties, and if there was dispute later on, one party would be ...

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Court Grants Employer a Temporary Injunction in Non-Compete Agreement Dispute Despite Arbitration Clause

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On May 3, 2011, the federal district court of Minnesota in RSM McGladrey v. Peter Epp, et al., reaffirmed the notion that a court may issue a temporary injunction in a non-compete agreement dispute even if the agreement ...

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Minnesota Court of Appeals “Pierces the Corporate Veil” of a Single Member LLC

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This is a case that may give small businesses pause, especially businesses with only one employee.  In SCA License Corporation v. Steve Hackbarth a/k/a Steven Hackbarth d/b/a/ Hackbarth Roofing, the Minnesota Court of ...

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No Benefits, Vacation Time or Withholdings = Employee

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No Benefits, Vacation Time or Withholdings = Employee Even though you may not provide your workers with benefits, or withhold any taxes from their paychecks, they may still be considered your employees. In a recent ...

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Employers Must Make a Reasonable Accommodation for Religious Beliefs or Show That an Accommodation will Cause an Undue Hardship

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Employers Must Make a Reasonable Accommodation for Religious Beliefs or Show That an Accommodation will Cause an Undue Hardship In Maroko v. Werner Enterprises, Inc., Yabesh Maroko, a devout Seventh-Day Adventist, brought a ...

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“Do you take this man to be your lawfully wedded husband?”

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The Minnesota Supreme Court decided an interesting case earlier this month. In LeAnn Taylor v. LSI Corporation of America, LeAnn Taylor sued LSI for “marital status discrimination,” under the Minnesota Human Rights Act. ...

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Written Contracts: Do I really need one?

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How many times have we all heard someone say, “make sure you get it in writing!” While certain types of oral contracts can be enforceable, “getting it in writing” is a good idea whether you are dealing with ...

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